By: Fraser S.B. No. 1398
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the governing body of a municipality
1-3 to change previously adopted zoning regulations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 211.003, Local Government Code, is
1-6 amended by adding Subsection (d) to read as follows:
1-7 (d) Notwithstanding any other provision of this subchapter,
1-8 the governing body of a municipality may not change the zoning
1-9 classification of a property that results in a diminution of more
1-10 than 25 percent of the property's value unless:
1-11 (1) the owner of the property:
1-12 (A) waives any right to object to the proposed
1-13 change; or
1-14 (B) fails to file a written objection with the
1-15 governing body before the 90th day after the date the governing
1-16 body notifies the property owner of the proposed change; or
1-17 (2) the governing body compensates the property owner
1-18 for the diminution in value resulting from the change as determined
1-19 by:
1-20 (A) an agreement with the property owner; or
1-21 (B) a proceeding governed by Chapter 21,
1-22 Property Code.
1-23 SECTION 2. Subchapter A, Chapter 21, Property Code, is
1-24 amended by amending Section 21.003 and adding Section 21.004 to
1-25 read as follows:
2-1 Sec. 21.003. DISTRICT COURT AUTHORITY. A district court may
2-2 determine all issues, including the authority to condemn property
2-3 and the assessment of damages, in any suit filed under this chapter
2-4 and any suit filed:
2-5 (1) in which this state, a political subdivision of
2-6 this state, a person, an association of persons, or a corporation
2-7 is a party; and
2-8 (2) that involves a claim for property or for damages
2-9 to property occupied by the party under the party's eminent domain
2-10 authority or for an injunction to prevent the party from entering
2-11 or using the property under the party's eminent domain authority.
2-12 Sec. 21.004. PROCEEDINGS REGARDING CHANGE OF ZONING
2-13 CLASSIFICATION. A proceeding filed under this chapter for the
2-14 purpose of determining the diminution of a property's value under
2-15 Section 211.003(d), Local Government Code, is a condemnation or
2-16 eminent domain proceeding under this chapter for the sole purpose
2-17 of satisfying the procedures required by this chapter. In such
2-18 proceedings, the condemnor or acquiring entity is the municipality,
2-19 the condemned property is the property for which the zoning is to
2-20 be reclassified, and the condemnation is the change in the
2-21 property's zoning classification.
2-22 SECTION 3. Subsection (a), Section 21.0111, Property Code,
2-23 is amended to read as follows:
2-24 (a) A governmental entity with eminent domain authority that
2-25 wants to acquire real property for a public use or change a
2-26 property's zoning classification shall disclose to the property
3-1 owner at the time an offer to purchase or otherwise compensate is
3-2 made any and all existing appraisal reports produced or acquired by
3-3 the governmental entity relating specifically to the owner's
3-4 property and used in determining the final valuation offer.
3-5 SECTION 4. Section 21.012, Property Code, is amended to read
3-6 as follows:
3-7 Sec. 21.012. CONDEMNATION PETITION. (a) If the United
3-8 States, this state, a political subdivision of this state, a
3-9 corporation with eminent domain authority, or an irrigation, water
3-10 improvement, or water power control district created by law wants
3-11 to acquire real property for public use or change a property's
3-12 zoning classification but is unable to agree with the owner of the
3-13 property on the amount of damages, the condemning entity may begin
3-14 a condemnation proceeding by filing a petition in the proper court.
3-15 (b) The petition must:
3-16 (1) describe the property to be condemned or to be
3-17 reclassified under a different zoning classification;
3-18 (2) state the purpose for which the entity intends to
3-19 use the property or for which the property's zoning is to be
3-20 changed;
3-21 (3) state the name of the owner of the property if the
3-22 owner is known; and
3-23 (4) state that the entity and the property owner are
3-24 unable to agree on the damages.
3-25 SECTION 5. Subsection (a), Section 21.021, Property Code, is
3-26 amended to read as follows:
4-1 (a) After the special commissioners have made an award in a
4-2 condemnation proceeding, except as provided by Subsection (c) of
4-3 this section, the condemnor may take possession of the condemned
4-4 property or change the zoning classification of the property
4-5 pending the results of further litigation if the condemnor:
4-6 (1) pays to the property owner the amount of damages
4-7 and costs awarded by the special commissioners or deposits that
4-8 amount of money with the court subject to the order of the property
4-9 owner;
4-10 (2) deposits with the court either the amount of money
4-11 awarded by the special commissioners as damages or a surety bond in
4-12 the same amount issued by a surety company qualified to do business
4-13 in this state, conditioned to secure the payment of an award of
4-14 damages by the court in excess of the award of the special
4-15 commissioners; and
4-16 (3) executes a bond that has two or more good and
4-17 solvent sureties approved by the judge of the court in which the
4-18 proceeding is pending and conditioned to secure the payment of
4-19 additional costs that may be awarded to the property owner by the
4-20 trial court or on appeal.
4-21 SECTION 6. This Act takes effect September 1, 2001.